[Adopted 2-14-1949 by Ord. No. 580]
The following definitions shall apply in the interpretation
and the enforcement of this article:
Any person who handles food or drink during preparation or
serving or who comes in contact with any eating or cooking utensils
or who is employed in a room in which food or drink is prepared or
served.
The Health Officer of the Borough or his duly authorized
representative.
One operating for a temporary period in connection with a
fair, carnival, circus, public exhibition or other similar gathering.
Person, firm, corporation or association.
Restaurant, coffee shop, cafeteria, short-order cafe, luncheonette,
tavern, sandwich stand, soda fountain and all other eating or drinking
establishments as well as kitchens or other places in which food or
drink is prepared for sale elsewhere.
Any kitchenware, tableware, glassware, cutlery, utensils,
containers or other equipment with which food or drink comes in contact
during storage, preparation or serving.
[Amended 4-12-1980 by Ord. No. 984; 3-1-1990 by Ord. No. 1066]
A.
It shall be unlawful for any person to operate a restaurant in the
Borough who does not possess an unrevoked permit from the Health Officer.
Such permit shall be posted in a conspicuous place. Only persons who
comply with the requirements of this article shall be entitled to
receive and retain such a permit. A person conducting an itinerant
restaurant shall also be required to secure a permit.
B.
Such a permit may be temporarily suspended by the Health Officer
upon the violation by the holder of any of the terms of this article
or revoked, after an opportunity for a hearing by the Health Officer,
upon serious or repeated violations.
C.
No such permit shall issue until an annual inspection fee in an amount
as established from time to time by resolution of Borough Council
shall have been paid by the person operating a restaurant to the Borough
Secretary, and in the case of an itinerant restaurant, no such permit
shall issue until an inspection fee in the amount as established from
time to time by resolution of Borough Council shall have been paid
by the person operating said itinerant restaurant to the Borough Secretary
for each function held throughout the year.[1]
Every restaurant shall display, at all times, in a place designated
by the Health Officer, a notice approved by the Health Officer, stating
the grade of the establishments.
Samples of food, drink or other substances may be taken and
examined by the Health Officer as often as may be necessary for the
detection of unwholesomeness or adulteration. The Health Officer may
condemn and forbid the sale of or cause to be removed or destroyed
any food or drink which is unwholesome or adulterated.
A.
At least once every six months, the Health Officer shall inspect
every restaurant located within the Borough. In case the Health Officer
discovers the violation of any item of sanitation required for the
grade thereheld, he shall make a second inspection after the lapse
of such time as he deems necessary for the defect to be remedied,
and the second inspection shall be used in determining compliance
with the grade requirements of this article. Any violation of the
same item of this article on such second inspection shall call for
immediate degrading or suspension of permit.
B.
One copy of the inspection report shall be posted by the Health Officer
upon an inside wall of the restaurant, and said inspection report
shall not be defaced or removed by any person except the Health Officer.
Another copy of the inspection report shall be filed with the records
of the Health Department.
C.
The person operating the restaurant shall, upon request of the Health
Officer, permit access to all parts of the establishment and shall
permit copying of any or all records of food purchased.
The grading of all restaurants shall be based upon the following
standards:
A.
Sanitation requirements for grade A restaurants. All grade A restaurants
shall comply with all of the following items of sanitation:
(1)
Floors. The floors of all rooms in which food or drink is stored,
prepared or served or in which utensils are washed shall be of such
construction as to be easily cleaned, shall be smooth, and shall be
kept clean and in good repair.
(2)
Walls and ceilings. Walls and ceilings of all rooms shall be kept
clean and in good repair. All walls and ceilings of rooms in which
food or drink is stored or prepared shall be finished in a light color.
The walls of all rooms in which food or drink is prepared or utensils
are washed shall have a smooth washable surface up to the level reached
by splash or spray.
(3)
Doors and windows. When flies are prevalent, all openings into the
outer air shall be effectively screened and doors shall be self-closing,
unless other effective means are provided to prevent the entrance
of flies.
(4)
Lighting. All rooms in which food or drink is stored or prepared
or in which utensils are washed shall be well lighted.
(5)
Ventilation. All rooms in which food is stored, prepared or served
or in which utensils are washed, shall be well ventilated.
(6)
Toilet facilities. Every restaurant shall be provided with adequate
and conveniently located toilet facilities for its employees, conforming
with the ordinances of the Borough. In restaurants hereafter constructed,
toilet rooms shall not open directly into any room in which food,
drink or utensils are handled or stored. The doors of all toilet rooms
shall be self-closing. Toilet rooms shall be kept in a clean condition,
in good repair and well lighted and ventilated. Hand-washing signs
shall be posted in each toilet room used by employees.
(7)
Construction of utensils and equipment. All multi-use utensils and
all show and display cases or windows, counters, shelves, tables,
refrigerating equipment, sinks and other equipment or utensils used
in connection with the operation of a restaurant shall be so constructed
as to be easily cleaned and shall be kept in good repair. Utensils
containing or plated with cadmium or lead shall not be used, provided
that solder containing lead may be used for jointing.
(8)
Water supply. Running water under pressure shall be easily accessible
to all rooms in which food is prepared or utensils are washed, and
the water supply shall be adequate and of a safe, sanitary quality.
(9)
Lavatory facilities. Adequate and convenient hand-washing facilities
shall be provided, including hot and cold running water, soap and
approved sanitary towels. The use of a common towel is prohibited.
No employee shall resume work after using the toilet room without
first washing his hands.
(10)
Cleaning and bactericidal treatment of utensils and equipment.
All equipment, including display cases or windows, counters, shelves,
tables, refrigerators, stoves, hoods and sinks, shall be kept clean
and free from dust, dirt, insects and other contaminating material.
All cloths used by waiters, chefs and other employees shall be clean.
Single-service containers shall be used only once. All multi-use eating
and drinking utensils shall be thoroughly cleaned and effectively
subjected to an approved bactericidal process after each usage. All
multi-use utensils used in the preparation or serving of food or drink
shall be thoroughly cleaned and effectively subjected to an approved
bactericidal process immediately following the day's operation. Drying
cloths, if used, shall be clean and shall be used for no other purposes.
No article, polish or other substance containing any cyanide preparation
or other poisonous material shall be used for the cleaning or polishing
of utensils.
(11)
Storage and handling of utensils and equipment. After bactericidal
treatment, utensils shall be stored in a clean dry place protected
from flies, dust and other contamination and shall be handled in such
manner as to prevent contamination as far as practicable. Single-service
utensils shall be purchased only in sanitary containers, shall be
stored therein in a clean, dry place until use, and shall be handled
in a sanitary manner.
(12)
Disposal of wastes. All waste shall be properly disposed of
and all garbage and trash shall be kept in suitable receptacles in
such manner as not to become a nuisance.
(13)
Refrigeration. All readily perishable food and drink shall be
kept at or below 50° F., except when being prepared or served.
Wastewater from refrigeration equipment shall be properly disposed
of.
(14)
Wholesomeness of food and drink. All food and drink shall be
clean, wholesome, free from spoilage and so prepared as to be safe
for human consumption. All milk, fluid milk products, ice cream, and
other frozen desserts served shall be from approved sources. Milk
and fluid milk products shall be served in individual original containers
in which they were received from the distributor or from a bulk container
equipped with an approved dispensing device, provided that this requirement
shall not apply to cream, which may be served from the original bottle
or from a dispenser approved for such service. All oysters, clams
or mussels shall be from approved sources and, if shucked, shall be
kept until used in the containers in which they were placed at the
shucking plant.
(15)
Storage, display and service of food and drink. All food and
drink shall be so stored, displayed and served as to be protected
from dust, flies, vermin, depredation and pollution by rodents, unnecessary
handling, droplet infection, overhead leakage and other contamination.
No animals or fowls shall be kept or allowed in any room in which
food or drink is prepared or stored. All means necessary for the elimination
of flies, roaches and rodents shall be used.
(16)
Cleanliness of employees. All employees shall wear clean outer
garments and shall keep their hands clean at all times while engaged
in handling food, drink, utensils or equipment. Employees shall not
expectorate or use tobacco in any form in rooms in which food is prepared.
(17)
Miscellaneous. The premises of all restaurants shall be kept
clean and free of litter or rubbish. None of the operations connected
with a restaurant shall be conducted in any room used as living or
sleeping quarters. Adequate lockers or dressing rooms shall be provided
for employees' clothing and shall be kept clean. Soiled linens,
coats and aprons shall be kept in containers provided for this purpose.
(18)
Food
Employee Certification Act. The Food Employee Certification Act, as
amended,[1] requires the certification in food safety of one employee.
The employee will be the person in charge of the retail food facility
when present, but must be accessible at all times the facility is
operating.
[Added 1-10-2017 by Ord.
No. 1294]
[1]
Editor’s Note: See 3 Pa.C.S.A. § 6501 et seq.
C.
Grade C restaurants. Grade C restaurants are those which fail to
comply with either the grade A or the grade B requirements.
D.
Itinerant restaurants. Itinerant restaurants shall be constructed
and operated in an approved manner.
From and after 12 months from the date on which this article
takes effect, no restaurant shall be operated within the Borough or
its police jurisdiction unless it conforms with the grade A or grade
B or approved itinerant restaurant requirements of this article, provided
that, when any restaurant fails to qualify for any of these grades,
the Health Officer is authorized to suspend the permit or, in lieu
thereof, to degrade the restaurant and permit its operation during
a temporary period not exceeding 30 days.
[Amended 1-17-1983 by Ord. No. 1009]
A.
Any restaurant, the grade of which has been lowered and all grade
displays have been changed accordingly or the permit of which has
been suspended, may at any time make application for regrading or
the reinstatement of the permit.
B.
Within one week after the receipt of a satisfactory application,
accompanied by a statement signed by the applicant to the effect that
the violated provision or provisions of this article have been conformed
with, the Health Officer shall make a reinspection and thereafter
as many additional reinspections as he may deem necessary to assure
himself that the applicant is again complying with the higher grade
requirements and, in case the findings indicate compliance, shall
award the higher grade or reinstate the permit.
No person who is affected with any disease in a communicable
form or is a carrier of such disease shall work in any restaurant,
and no restaurant shall employ any such person or any persons suspected
of being affected with any disease in a communicable form or of being
a carrier of such disease. If the restaurant manager suspects that
any employee has contracted any disease in a communicable form or
has become a carrier of such disease, he shall notify the Health Officer
immediately. A placard containing this section shall be posted in
all toilet rooms.
When suspicion arises to the possibility of transmission of
infection from any restaurant employee, the Health Officer is authorized
to require any or all of the following measures:
A.
The immediate exclusion of the employee from all restaurants.
B.
The immediate closing of the restaurant concerned until no further
danger of disease outbreak exists, in the opinion of the Health Officer.
C.
Adequate medical examination of the employee and of his associates,
with such laboratory examinations as may be indicated.
[Amended 5-22-2012 by Ord. No. 1247; 1-10-2017 by Ord. No. 1294]
This article shall be enforced by the Health Officer in accordance
with the laws of the Commonwealth of Pennsylvania, the procedures
as established from time to time by the Pennsylvania Department of
Environmental Protection and the Pennsylvania Department of Agriculture
Food Code, Title 7, Act 106, Chapter 46, 57 and 65, as amended.
[Amended 12-15-1980 by Ord. No. 991; 5-22-2012 by Ord. No. 1247]
Any person, firm or corporation who shall violate any provision
of this article shall, upon conviction thereof, be sentenced to pay
a fine of not more than $1,000 plus costs and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
days. Each day that a violation of this article continues, or each
section of this article which shall be found to have been violated,
shall constitute a separate offense.
